SATHIYARAJ Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants in C.A.No.709 of 2017 are A1 and A2 and the appellant in C.A.No.125 of 2017 is A3 in S.C.No.262 of 2014 judgment dated 02.12.2016 rendered by the Principal District and Sessions Judge, Cuddalore. The appellants were charged for the offence under Sections 294(b), 341, 506(ii) and 302 of IPC. The trial Court acquitted the appellants for offence under Section 341 and 506(ii) of IPC but convicted them for the offence under Section 294(b) and sentenced them to undergo imprisonment for one week and also convicted and sentenced to undergo imprisonment for life and ordered to pay a fine of Rs.1,000/~ in default to undergo simple imprisonment for three months for offence under Section 302 of IPC. The above sentences have been ordered to run concurrently.

(2.) The case of the prosecution is that there was money transaction between the deceased Radhakrishnan and A1. About two months prior to the occurrence, A1 borrowed a sum of Rs.10,000/~ from the deceased and he failed to repay the same, despite repeated demands made. On 13.09.2013 in the evening hours, the accused herein were chatting with each other infront of A1 house. At that time, the deceased demanded back the money due. There was a wordy quarrel between them and the same was pacified by PW1, who is the brother of the deceased who had come to his native to lay the foundation for construction and others pacified them and thereafter they left. On the same day at about 10.30 p.m, when the deceased was sleeping in pail of his grand mother-s house, all the accused abused him in filthy language, A1 pulled him out and stabbed with knife on his head on both side, A2 inflicted cut on his neck and face with knife and A3 inflicted cut on his neck and shoulder with knife. PW1 and the grand mother tried to prevent the same, all the accused criminally intimidated them with knifes and left the scene. The deceased sustained bleeding injury and he was taken to Government Hospital, Cuddalore by 108 Ambulance Service, where he was referred to JIPMER Hospital, Puducherry and thereafter he was shifted to Rajiv Gandhi Government Hospital, Chennai. The injured died on 23.10.2013. When the injured was taken to Government Hospital, Cuddalore, PW8 the Sub~Inspector of Police went to the Hospital, received the complaint [Ex.P1] from PW1, registered an F.I.R in Crime No.196 of 2013 for the offence under Sections 294(b), 342, 506(ii) and 307 of IPC. On 24.10.2013 getting information about the death of the deceased through Ex.P11, the case was altered to offence under Sections 294(b), 506(ii) & 302 of IPC. On completion of investigation charge sheet came to be filed.

(3.) Before trial Court, prosecution examined 9 witnesses and marked 20 exhibits and 5 material objects. None were examined on the side of defence but marked Ex.D1 through PW9.